Can You Make a Will in Hospital or a Care Home?

You can make a will in hospital or a care home, provided you have the required testamentary capacity and the document is prepared and executed correctly. At Imperial Law, we understand that these instructions are often urgent and may arise after a serious diagnosis, sudden admission or significant change in family circumstances.

Neither age nor the place where somebody lives determines whether they can make a valid will. A person receiving intensive support may retain a clear understanding of their estate and wishes. Equally, somebody who communicates confidently about everyday matters may be unable to understand the more complicated decisions involved in making a will.

This guide explains how to make a will in hospital or a care home in England and Wales, including testamentary capacity, medical evidence, private instructions, witnesses, physical signing difficulties and the risk of a later challenge.

Can You Legally Make a Will in Hospital?

Yes. There is no general rule preventing an adult from making or updating a will while they are a hospital patient. The same core legal requirements apply as they would at home or in a solicitor’s office.

To make a will in hospital, the person must generally:

Be aged 18 or over, subject to narrow exceptions outside the scope of this guide.
Make the will voluntarily.
Have testamentary capacity.
Know and approve the contents of the document.
Put the will in writing.
Sign it, or direct someone to sign it on their behalf, with the required intention.
Complete the witnessing process correctly.

Hospital circumstances can make satisfying and documenting those requirements more complicated. The person may be affected by medication, pain, infection, delirium, fatigue or communication problems. Access to independent witnesses may also be limited. These difficulties do not make a valid will impossible, but they increase the importance of careful preparation.

Can You Make a Will in a Care Home?

Yes. A care-home resident can make a will if they understand the decision and act freely. Living in residential or nursing care does not create a presumption of incapacity.

When someone seeks to make a will in hospital or a care home, the solicitor may need to consider the person’s health, communication needs, medication and relationships with relatives or carers. The conversation should take place privately where possible so that the solicitor can establish the person’s independent wishes.

Care-home staff can help arrange a suitable room, confirm practical information and identify the person’s usual communication needs. However, staff and relatives should not answer substantive questions for the person or direct what the will should contain.

Testamentary Capacity When You Make a Will in Hospital

Testamentary capacity is the legal ability to make or change a will. It is not identical to every other form of mental capacity.

Broadly, the person making the will should understand:

The nature and effect of making a will.
The general extent of the property and assets they are giving away.
The people who might reasonably expect to benefit from their estate.
How the proposed gifts affect those people.

The person’s decisions should not be distorted by a disorder of the mind that prevents a genuine evaluation of potential beneficiaries. The assessment is specific to the will being considered and to the time when instructions are given and the document is signed.

This means a person may lack capacity for a complicated financial transaction but still be able to make a straightforward will. Conversely, the size of an estate, a complex family structure or an unusual exclusion may increase the information that must be understood.

Our guide explaining what “sound of mind” means explores the terminology frequently associated with valid wills.

Can Someone With Dementia Make a Will in Hospital?

No. Dementia does not automatically prevent somebody from making a will. The question is whether they have testamentary capacity at the relevant time.

Capacity may fluctuate. A resident could be more alert in the morning, less affected by medication at a particular time or better able to communicate in familiar surroundings. If the situation is not immediately urgent, the appointment can sometimes be arranged for a time when the person is usually at their best.

Anyone helping a person make a will in hospital should avoid assuming that a dementia diagnosis settles the legal question. Our dedicated article examines whether someone with dementia can make a will in more depth.

The opposite assumption is also unsafe. A person who recognises relatives and discusses daily events may still be unable to understand their estate, earlier will or the effect of a major change. A careful, decision-specific assessment is needed.

How Illness Can Affect Your Ability to Make a Will in Hospital

Many health conditions can temporarily or permanently affect decision-making. In a hospital setting, relevant factors may include:

Delirium caused by infection or another acute condition.
The effects of sedatives, strong pain relief or other medication.
Reduced oxygen levels.
Severe pain, exhaustion or sleep deprivation.
A recent stroke or brain injury.
Mental illness.
Problems with hearing, speech or vision.
Difficulty understanding the language being used.
Anxiety caused by an unfamiliar environment.

None of these factors proves that capacity is absent. They indicate that the timing, communication method and supporting evidence may need additional attention.

To make a will in hospital safely, the person should be given enough time and suitable support. This might involve hearing aids, glasses, an interpreter, communication aids, simpler explanations or a quieter meeting. Support should help them express their own decision, not replace it with somebody else’s.

Medical Assessments When You Make a Will in Hospital

A medical assessment is not automatically required for every will made by a hospital patient or care-home resident. However, obtaining contemporaneous medical evidence may be advisable where there is doubt about capacity or a heightened risk of dispute.

Examples include:

A recent dementia or neurological diagnosis.
Delirium, confusion or fluctuating awareness.
Serious or terminal illness.
Heavy medication that may affect cognition.
A major departure from an earlier will.
The exclusion of a close relative.
A substantial gift to a carer or newly involved person.
Existing family conflict.
Concerns raised by staff or relatives.
An unusually complex estate.

Good professional practice has long encouraged a medical practitioner to assess capacity and witness or support the will-making process in appropriate cases involving an older or seriously ill person. This is commonly associated with the “golden rule”. It is not a substitute for the solicitor’s own judgement, nor does a doctor’s note make an otherwise invalid will valid.

Where time permits, the solicitor and medical professional should address the specific testamentary decision. A general note stating that the patient is “alert” or “orientated” may not establish that they understand the estate and proposed beneficiaries.

Medical evidence can be particularly valuable when a person must make a will in hospital urgently. It provides a contemporaneous account of their presentation and understanding if capacity is questioned after death.

How to Make a Will in Hospital Without Time for a Report

Urgency sometimes means that a doctor familiar with testamentary-capacity assessments is not immediately available. The solicitor must then decide whether they can properly proceed, what evidence can be gathered and whether any delay would create a greater risk that the person dies without recording their wishes.

Depending on the circumstances, the solicitor may document:

The reason for urgency.
The person’s diagnosis and relevant medication.
Who was present before, during and after the meeting.
The questions asked to assess understanding.
The person’s answers in their own words.
Their explanation for important gifts or exclusions.
Their knowledge of assets and previous wills.
Steps taken to exclude pressure or influence.
Advice obtained from clinical staff.
Why the solicitor concluded that the person could make a will in hospital.

Proceeding without ideal evidence may be justified in some cases, but it should not become a shortcut. An urgently signed document that does not reflect the person’s informed and voluntary wishes may create more difficulty than it prevents.

Private Instructions When You Make a Will in Hospital

A solicitor will normally ask to speak with the person alone for at least part of the appointment. This is especially important when a relative arranged the meeting, expects to inherit or has been involved in providing instructions.

Privacy helps the solicitor determine whether the person genuinely wants to make a will in hospital and whether the proposed terms are their own. It also gives the person an opportunity to disclose pressure, abuse, family conflict or a concern they would not mention in front of others.

A relative may be present where communication or reassurance makes that necessary, but their involvement should be managed carefully. They should not answer questions about the person’s assets, choose beneficiaries or explain why somebody is being excluded unless the solicitor specifically requests factual assistance.

An independent interpreter may be preferable to a family member where language support is needed. Likewise, a communication specialist may help somebody express their wishes without influencing the substance of those wishes.

Avoiding Pressure When You Make a Will in Hospital

A will must be voluntary. Undue influence in this context involves coercion that overpowers the person’s own wishes. It is more than persuasion, advice or an appeal to affection, but vulnerable people can be susceptible to pressure that is difficult to detect.

Warning signs may include:

A beneficiary arranging the appointment and refusing to leave.
Instructions that appear to come from somebody other than the will-maker.
A sudden and unexplained change favouring a carer or one relative.
Isolation from other family members.
Threats about care, visits, housing or money.
The person appearing fearful or repeatedly seeking another person’s approval.
A beneficiary controlling access to documents or medical staff.
Inconsistent explanations for the proposed change.

The fact that somebody benefits substantially does not prove wrongdoing. However, anyone asked to make a will in hospital in suspicious circumstances should expect careful questions and safeguards.

Approving the Contents When You Make a Will in Hospital

Capacity and knowledge of the will’s contents are related but distinct issues. A person may have general testamentary capacity yet fail to understand a document prepared from inaccurate instructions or changed without their knowledge.

Before signing, the will should be read by the person or read aloud to them. Any visual, literacy or language difficulty should be addressed. The solicitor may ask the person to explain the main provisions in their own words rather than simply asking whether they agree.

Special wording in the attestation clause may be advisable where the person is blind, cannot read, does not understand written English or signs through another person. These details help show how knowledge and approval were established when the person had to make a will in hospital under difficult circumstances.

Information Needed to Make a Will in Hospital

Urgency does not remove the need for accurate instructions. Before the appointment, it is helpful to gather information without deciding the terms on the person’s behalf.

Relevant details may include:

Full name, address and date of birth.
Marital or civil-partnership status.
Names of children, stepchildren and other close relatives.
Details of previous wills and codicils.
The location of the original earlier will.
Approximate property, savings, investments and business interests.
Mortgages, loans and significant liabilities.
Assets owned jointly with another person.
Pensions, life policies and nominations that may pass outside the will.
Proposed executors and substitute executors.
Intended beneficiaries and gifts.
Funeral wishes, where the person wants to record them.
Potential claims from dependants or excluded relatives.

The person does not necessarily need a valuation for every possession. They should, however, understand the broad nature and scale of the estate. A false picture of their wealth may affect whether they can properly evaluate the proposed gifts.

Our general guide on how to write a will outlines other issues that should be considered during estate planning.

Can a Solicitor Help You Make a Will in Hospital?

Solicitors can arrange visits to hospitals, hospices and care homes, subject to availability, access rules and the urgency of the request. Some instructions may begin by telephone or video call, but the arrangements for assessing capacity, confirming identity and executing the will still need to be legally and professionally appropriate.

To help somebody make a will in hospital, the person arranging contact should explain:

Where the patient is located, including ward and room where known.
Whether the request is urgent and why.
Whether the patient can communicate by telephone.
Any known diagnosis or capacity concern.
Whether the patient can read and sign.
Who has asked for the appointment.
Whether relatives disagree about the proposed will.
The hospital’s visiting and infection-control requirements.
The contact details of relevant clinical staff, with appropriate consent.

Clinical staff cannot instruct the solicitor on the patient’s behalf. Their input may nevertheless help identify a suitable meeting time and clarify whether the person has recently experienced confusion or medication changes.

Imperial Law provides information about its will writing service in Wolverhampton for those seeking support with preparing or reviewing a will.

How to Sign and Witness a Will When You Make a Will in Hospital

Correct execution is essential. A carefully drafted will may fail if the statutory signing requirements are not followed.

Under the usual rules in England and Wales:

The will must be in writing.
The person must sign it, or acknowledge an existing signature, intending to give effect to the will.
Two witnesses must be present at the same time and have a clear view of the signing or acknowledgement.
Each witness must then sign or acknowledge their signature in the presence of the will-maker.
The will-maker and witnesses must sign the same document.

Current government guidance states that the witnesses should be over 18. The witnesses do not necessarily have to sign at the same moment as each other, but the will-maker must have a clear view of each act of signing.

Anyone helping a person make a will in hospital should plan the execution before the final appointment. Finding suitable witnesses only after the patient has signed can invalidate the process.

Choosing Witnesses When You Make a Will in Hospital

Witnesses should be independent adults who can understand what they are witnessing and later give evidence if required. Hospital or care-home staff may sometimes act, but this depends on organisational policy, availability and any potential conflict.

A beneficiary should not witness the will. Under the Wills Act 1837, a gift to a witness or the witness’s spouse or civil partner may fail even though the rest of the will remains valid. Choosing independent witnesses avoids that serious and preventable problem.

Executors can legally act as witnesses if they are not also receiving a benefit under the will, but independent witnesses are often preferable. Relatives of beneficiaries should also be avoided where practical, particularly if a dispute is foreseeable.

When arranging to make a will in hospital, do not assume that the solicitor can act as both witnesses or that two staff members will be immediately free. Witnessing should be agreed in advance without revealing more of the person’s private wishes than necessary.

Can Someone Sign for You When You Make a Will in Hospital?

Yes. If a person understands and approves the will but is physically unable to sign, another person may sign in their presence and at their direction.

This option may help somebody make a will in hospital after an injury, stroke or serious physical deterioration. The direction to sign must be clear, and the will-maker must intend the signature to give effect to the will.

Because signing on another person’s behalf can later attract suspicion, the process should be documented carefully. The person signing should ideally be independent and should not improvise the wording or execution procedure. An appropriate attestation clause can record what happened.

A mark may sometimes be used instead of a conventional signature if made with the necessary intention and properly witnessed. Professional supervision is strongly advisable whenever ordinary signing is impossible.

Can You Make a Will in Hospital Using a Video Call?

Temporary legislation allowed video witnessing of wills made during a defined period associated with the coronavirus pandemic. That temporary measure was extended only until 31 January 2024.

Anyone seeking to make a will in hospital now should not rely on an ordinary video call as a substitute for the current execution requirements. Physical arrangements should allow the witnesses and will-maker the required clear view of the signing and acknowledgements.

In some situations, people can maintain physical separation while retaining a direct line of sight, such as through a window or open doorway. The precise setup should be checked carefully. A pre-recorded video, an electronic signature or witnesses signing different copies should not be treated as a safe replacement for a properly executed original will.

How to Make a Will in Hospital Without Speaking

Speech is not essential to capacity. A person may communicate through writing, gestures, sign language, assistive technology, eye movements or another reliable method.

The solicitor must be satisfied that the person can understand the relevant information and communicate consistent choices. Where communication is complex, a speech and language therapist, independent interpreter or other specialist may help.

Relatives should not assume that being unable to speak prevents the person from making a will. Equally, another person cannot supply the decisions for them. The evidence should show how the instructions and approval were communicated when the person sought to make a will in hospital.

How to Make a Will in Hospital If You Cannot Read

A person who is blind, visually impaired or unable to read can still make a valid will. The document can be read aloud, explained and approved through an appropriate process.

The solicitor should take particular care to demonstrate that the person knew and approved the contents. The execution clause may record that the will was read over and understood before signing.

If a person needs to make a will in hospital and cannot read because they have misplaced their glasses or are temporarily affected by treatment, the solution should not simply be to ask them to sign an unseen document. The terms must be communicated in a way they can understand.

How to Make a Will in Hospital When Death Is Imminent

Urgent or “deathbed” wills can be valid, but urgency does not remove the requirements of capacity, free choice, knowledge, signing and witnessing.

The risks are greater because:

Capacity may deteriorate rapidly.
Medication and illness may affect alertness.
There may be limited time to obtain records or medical evidence.
Witnesses may be difficult to arrange.
Family members may be emotionally involved.
The person may die before the execution process is complete.

If someone needs to make a will in hospital urgently, contact a solicitor immediately and provide accurate information about their condition and location. Do not wait for a convenient family meeting or attempt to secure agreement from proposed beneficiaries first.

A partially prepared or partly signed will may not be valid. Until the required execution has been completed, the person’s earlier valid will or the intestacy rules may still determine the estate.

Can You Make a Will in Hospital After Losing Capacity?

A relative, attorney or deputy cannot make an ordinary will for another adult. A Property and Financial Affairs LPA does not authorise the attorney to decide who receives the donor’s estate.

If the person cannot make a will in hospital because they lack testamentary capacity, an application to the Court of Protection for a statutory will may be considered. The court examines whether the person lacks the relevant capacity and whether the proposed will is in their best interests.

A statutory will is a separate court process requiring detailed evidence about the person’s capacity, estate, family, existing will and proposed beneficiaries. It should not be confused with a solicitor helping a physically disabled but mentally capable person sign an ordinary will.

Our comparison of powers of attorney and statements of wishes explains why lifetime decision-making authority does not replace a valid will.

Property Planning When You Make a Will in Hospital

A home is often the largest asset in the estate. The will should accurately reflect whether the person owns it alone or jointly, whether there is a mortgage and whether they intend a particular person to receive it.

Jointly owned property may pass automatically to the surviving owner rather than under the will, depending on the form of beneficial ownership. A proposed gift can therefore fail to have the expected effect if the ownership is misunderstood.

When helping someone make a will in hospital, reliable information about their property can prevent serious mistakes. If the person is also buying, selling or changing the ownership of a home, advice from Imperial Law’s Wolverhampton conveyancing team may be relevant to that separate transaction.

Care is also needed if a property may be sold to fund care. A specific gift of that property in the will cannot operate if the person no longer owns it at death. The will may need wording that addresses the wider intention without restricting necessary lifetime decisions.

Family Issues When You Make a Will in Hospital

Hospital and care-home wills often arise after major changes, such as separation, bereavement, estrangement or reconciliation. The person should identify those who may reasonably expect consideration, even if they ultimately decide not to benefit them.

Marriage or civil partnership can affect an existing will, while divorce or dissolution can alter how provisions operate. Unmarried partners and stepchildren do not have the same automatic inheritance position as spouses, civil partners and biological or legally adopted children.

Where the family structure is complex, the solicitor should understand current and former relationships, dependent relatives and anyone financially maintained by the person. These facts may influence drafting and the risk of a later claim.

If the circumstances also involve separation, children or another relationship matter, Imperial Law provides information about its family law services in Wolverhampton. Family-law advice and will advice address different questions but may need to be coordinated.

How Can the Risk of a Challenge Be Reduced?

No solicitor can guarantee that a disappointed person will not question a will. However, careful evidence and a robust process can make the circumstances much clearer.

When somebody needs to make a will in hospital or a care home, protective steps may include:

Taking instructions privately.
Recording the person’s explanations in their own words.
Obtaining appropriate medical evidence.
Checking earlier wills and reasons for changes.
Establishing the approximate estate.
Identifying possible beneficiaries and claims.
Documenting communication support.
Using independent witnesses.
Following the execution formalities precisely.
Recording why the matter was urgent.
Keeping detailed attendance notes.
Storing the original safely.

Challenges may concern testamentary capacity, undue influence, knowledge and approval, fraud, forgery or defective execution. Our guide to contesting a will in the UK explains the wider process and time limits.

What Happens Without a Valid New Will?

If the attempted hospital or care-home will is invalid, the estate may pass under an earlier valid will. If there is no earlier valid will, the intestacy rules determine who inherits.

This can produce an outcome very different from the person’s recent intentions. An unmarried partner, stepchild, friend or carer may receive nothing under intestacy, while an estranged relative may inherit.

Someone trying to make a will in hospital should therefore prioritise correct execution over decorative presentation or unnecessary complexity. A clear will that is properly signed and witnessed is more valuable than an elaborate draft that never becomes legally effective.

Our article on what happens if you die without a will explains how intestacy can affect different families.

What Should Happen After Signing?

The original will should be checked, dated where appropriate and stored securely. It should not be casually stapled to other papers or altered after execution.

The person should tell their executors where the original is held. Relevant records about capacity, medical evidence, instructions and execution should also be preserved by the professional adviser in accordance with their duties.

If the person later recovers or returns home, they may wish to review the will in less urgent circumstances. They should not write changes on the original. Amendments normally require a codicil or a new will completed with the same care over capacity and execution.

People who make a will in hospital should also review related arrangements, including executor appointments, asset records, funeral wishes and LPAs. Our frequently asked questions about wills provide additional guidance.

A Practical Checklist

If you or a relative needs to make a will in hospital or a care home:

Contact a solicitor as early as possible.
Explain the medical situation and any urgency honestly.
Identify the person’s communication and accessibility needs.
Locate any existing will or codicil.
Gather broad information about assets and family relationships.
Arrange for the solicitor to take private instructions.
Consider whether medical capacity evidence is advisable.
Do not allow beneficiaries to dictate the terms.
Arrange two suitable independent witnesses.
Confirm whether the person can sign or needs another method.
Follow the signing sequence precisely.
Store the original securely and tell the executors where it is.

Frequently Asked Questions

Can a hospital patient make a will on the same day?

Potentially, yes. Whether a same-day appointment is possible depends on the person’s capacity, the complexity of the instructions, access to information, professional availability and the ability to execute the will correctly.

Does a doctor have to witness the will?

No general rule requires a doctor to be one of the two witnesses. However, a medical assessment or the involvement of a medical practitioner may be advisable where capacity could later be questioned.

Can a nurse witness a patient’s will?

Potentially, if the nurse is an eligible independent witness and hospital policy permits it. They should not be a beneficiary or the spouse or civil partner of a beneficiary. Availability and professional boundaries may also affect whether staff agree.

Can a care-home manager witness the will?

Potentially, subject to independence, capacity to witness and the care home’s policies. Where the manager or care organisation might benefit or face a conflict, another witness should be used.

Can a family member arrange the solicitor?

Yes, a relative can make the initial contact. The solicitor must still establish that the person wishes to make a will in hospital and should obtain the substantive instructions directly from them.

Can a beneficiary be present when instructions are taken?

Sometimes practical circumstances require another person to be present briefly, but the solicitor will normally seek a private conversation. A beneficiary should not direct or answer for the will-maker.

Can the will be handwritten?

A handwritten will can potentially be valid if all legal requirements are satisfied. The handwriting does not remove the need for capacity, intention and correct witnessing. Urgent homemade wills are especially vulnerable to drafting and execution errors.

Can the person sign with a mark?

Potentially, yes. A mark may operate as a signature if made with the required intention and properly witnessed. The circumstances should be recorded carefully.

Can an attorney sign the will for the patient?

An attorney cannot decide or approve a will for the donor. If the donor has testamentary capacity but cannot physically sign, another person may sign only in the donor’s presence and at their direction as part of the will-execution process.

Is a video recording of the person’s wishes a valid will?

No. A recording does not replace a written will executed in accordance with the current legal requirements. It may provide evidence, but it should not be treated as the will itself.

Can a will be changed after the patient leaves hospital?

Yes, if the person retains testamentary capacity. They should use a properly executed codicil or new will rather than writing amendments on the signed original.

What if the person dies before the witnesses sign?

The document may not have completed the statutory execution process and may therefore be invalid. This is why urgent arrangements must be planned carefully and completed without unnecessary delay.

Why Professional Advice Matters

The practical pressure surrounding a serious illness can encourage families to move too quickly. Yet an invalid or disputed will can create years of uncertainty after death.

Professional advice can help somebody make a will in hospital by:

Assessing whether instructions can properly be accepted.
Identifying the need for medical evidence.
Taking independent and confidential instructions.
Drafting terms that reflect the person’s actual wishes.
Considering family and dependency claims.
Coordinating communication support.
Arranging lawful signing where physical ability is limited.
Selecting and briefing suitable witnesses.
Creating a detailed record of capacity and execution.
Storing the original securely.

The aim is not merely to produce a document quickly. It is to create the best available evidence that the person understood the will, chose its terms freely and completed it in accordance with the law.

Speak to Imperial Law

If you or a relative needs to make a will in hospital or a care home, seek advice as soon as possible. Explain any urgency, diagnosis, communication difficulty and family disagreement at the outset so that the appropriate safeguards can be considered.

Contact Imperial Law to discuss the circumstances and the support available for preparing or updating a will.